Cost and Fee Allocation in Civil Procedure A Comparative Study
The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as c
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IUS GENTIUM COMPARATIVE PERSPECTIVES ON LAW AND JUSTICE VOLUME 11
Series Editors Mortimer Sellers (University of Baltimore) James Maxeiner (University of Baltimore)
Board of Editors Myroslava Antonovych (Kyiv-Mohyla Academy) Nadia de Araujo (Pontifical Catholic University of Rio de Janeiro) ´ Jasna Bakšic-Mufti c´ (University of Sarajevo) David L. Carey Miller (University of Aberdeen) Loussia P. Musse Felix (University of Brasília) Emanuel Gross (University of Haifa) James E. Hickey Jr. (Hofstra University) Jan Klabbers (University of Helsinki) Claudia Lima Marques (Federal University of Rio Grande do Sul) Aniceto Masferrer (University of Valencia) Eric Millard (Paris-Sud University) Gabriël Moens (Murdoch University, Australia) Raul C. Pangalangan (The University of the Philippines) Ricardo Leite Pinto (Lusíada University of Lisbon) Mizanur Rahman (University of Dhaka) Keita Sato (Chuo University) Poonam Saxena (University of New Delhi) Gerry Simpson (London School of Economics) Eduard Somers (University of Ghent) Xinqiang Sun (Shandong University) Tadeusz Tomaszewski (University of Warsaw) Jaap W. de Zwaan (Netherlands Inst. of Intrntl. Relations, Clingendael)
COST AND FEE ALLOCATION IN CIVIL PROCEDURE A COMPARATIVE STUDY
Edited by MATHIAS REIMANN
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Editor Mathias Reimann University of Michigan Law School 625 South State Street Ann Arbor Michigan 48109-1215 USA
ISBN 978-94-007-2262-0 e-ISBN 978-94-007-2263-7 DOI 10.1007/978-94-007-2263-7 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2011940127 © Springer Science+Business Media B.V. 2012 Chapter 19 is published with kind permission of © Marco B.M. Loos 2012. All rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
In the last five or so years, the costs of civil litigation and their allocation between the parties have become a major topic of discussion in many jurisdictions. Several countries have enacted new legislation liberalizing the market for legal services; international tribunals such as the European Court of Justice and the European Court of Human Rights have struggled with issues of access to justice; experts have been tasked with the writing of Reports on civil litigation costs to guide further reform; and scholars have published books and papers. Almost suddenly, it seems, lawmakers, legal practitioners, and academics have come to realize that few, if any, factors shape civil litigation as strongly and pervasively as who pays for what and how much. This volume presents a thoroughly comparative approach to the topic. It contains a b
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